Journal of Accounting and Management Information Systems (JAMIS)


ANALYSIS OF THE EUROPEAN LEGAL FRAMEWORK REGARDING LATE PAYMENT IN COMMERCIAL TRANSACTIONS

Supp/2008 ,   p126..132

Author(s):  
Charlotte ENE


Keywords:   Late payment, law, retention of title clauses, commercial transactions, free movement of the capital, overdue delets

Abstract:  
According to Article 14 EC, the European Union shall guarantee the free movement of goods and services. In this regard, it is necessary that the entrepreneurs should be able to do their business throughout the internal market and to recover their receivables in due time. Therefore, that late payment represents an obstacle to the proper functioning of the internal market. The Directive on combating late payment in commercial transactions, Directive 2000/35/EC, is placed in the context of maintaining and developing an area of freedom, security and justice. This Directive governs all commercial transactions irrespective of whether they are carried out between private or public entrepreneurs or between entrepreneurs and public authorities, having regard to the fact that the latter handle a considerable volume of payments to business. It should therefore also regulate all commercial transactions between main contractors and their suppliers and subcontractors. This paper explores the legal framework on late payment of trade credit from a European perspective.


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